A division bench, comprising Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya, said it would monitor the probe and the CBI would be required to submit a report to the court in three weeks.
The bench directed the Kolkata Police to hand over the case diary and other documents to the CBI by 10 am Wednesday.
Following the High Court order, sources in New Delhi said the CBI registered a fresh case after taking over the investigation and a team of forensic experts will leave Delhi to visit the spot to lift evidence. “Currently, we are assigning tasks to all the team members and will probe the case from all possible angles,” sources said.
Six pleas were filed in the High Court, including an appeal by family members of the victim whose body was found on August 9.
In transferring the case to the CBI, the bench said “it has become imperative and necessary for this Court to exercise its jurisdiction failing which the confidence in the public mind would be shattered”. This would also allay fears of petitioners regarding destruction of evidence.
The bench said there was no significant progress in the investigation even after five days of the incident.
“We are convinced to say so because even after a lapse of five days there appears to be no significant progress in the investigation, which ought to have happened by now and by further loss of time, we would be well-justified in accepting the plea raised by the writ petitioners, more particularly, the parents of the victim, that there is every possibility that the evidence will be destroyed and the witnesses will be influenced etc,” it stated.
Expressing displeasure over the manner in which the case was handled from the very beginning, the bench, in its order, stated: “One more aspect, which is also quite disturbing, is that a case of unnatural death has been registered with the Tala Police Station… It is submitted that under normal circumstances, a case of unnatural death is registered when there is no complaint. When the deceased victim was a doctor working in the hospital, it is rather surprising as to why the Principal/hospital did not lodge a formal complaint. This, in our view, was a serious lapse, giving room for suspicion.”
“The Principal of the institution, either by himself or by issuing appropriate directions, could have lodged a complaint with the police since the death occurred within the hospital premises. This, in our view, was a clear dereliction of duty on the part of the Principal and the officers under his command,” it stated.
It criticised the state government’s decision to transfer Sandip Ghosh, who resigned as principal of R G Kar Medical College, to a new post within hours – he was appointed principal of the National Medical College and Hospital. “It is not clear as to what was the tearing urgency,” it stated.
The bench gave Ghosh the option to submit a leave application by 3 pm Tuesday – he applied for 15-day leave.
“We have advised the learned advocate appearing for Professor Sandip Kumar Ghosh to direct his client to immediately proceed on leave, failing which the Court will be compelled to pass necessary orders. On oral instruction, the learned advocate submitted that his client will immediately proceed on leave. If such an application is submitted by Professor Sandip Kumar Ghosh, the same shall be accepted and he shall be granted extraordinary leave and not permitted to hold the post of Principal of the National Medical College and Hospital, Calcutta until further directions,” the order stated.
The bench appealed to protesting doctors to call off their agitation.
“We are truly appreciative of the feelings vented out by the doctors and the medical students and in particular, those at R G Kar Medical College & Hospital. However, we wish to observe that there is a pious obligation on the part of the doctors to treat their patients, more particularly the patients who come to the Government hospital, who are not from the affluent strata of society,” it said.
– With ENS from New Delhi
Click here to join The Indian Express on WhatsApp and get latest news and updates